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Patna High CourtCR. MISC./33753/2023allowed

Arun Yadav v. The State Of Bihar

2023-06-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33753 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- RUPAULI District- Purnia ====================================================== 1.

Arun Yadav S/O Shanichar Yadav Resident of Tillarahi P.S. Chousa, District-Madhepura 2.

Pawan Kumar Yadav S/O Yogendra Yadav Resident of Village -Maini Chaphar Yadav Nagar, P.S. Rupouli District-Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Dr. Bidhu Ranjan, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and learned APP for the State.

This application has been filed for grant of regular bail in connection with Rupauli P.S. Case No. 293/2022 registered for the offence under Sections 363, 366A, 379 and 34 of the Indian Penal Code.

As per the prosecution case, co-accused Manjesh Kumar kidnapped 15 years old daughter of the informant for the purpose of marriage.

Learned counsel for the petitioners submits that the petitioners are quite innocent and they are not named in the FIR but they have falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.33753 of 2023(2) dt.24-06-2023 2/2 confessional statement of co-accused. The allegation is against the co-accused Manjesh Kumar that he kidnapped the victim and petitioners happen to be relatives of said co-accused. The petitioners have no criminal antecedent and they are in jail custody since 04.01.2023. Similarly situated co-accused persons, namely, Dhaneshwar Paswan and Arjun Paswan have been granted anticipatory bail vide order dated 24.04.2023 by a coordinate Bench of this Court in Cr. Misc. No. 8988 of 2023. Learned APP for the State has vehemently opposed the prayer of bail.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Rupauli P.S. Case No. 293 of 2022.

(Sunil Dutta Mishra, J) Saurabhkr/- U T